WILLOWS — A waiting jury was spared its duties Monday with the surprise, last-minute change of plea by a man accused of attempted murder in connection with a late-night shooting last May in Orland.

The trial was set to go when the defendant, Filemon Lamas Acevedo, 51, accepted an offer of a reduced charge moments before the early morning trial was supposed to begin.

During a hearing outside the jury”s presence at the Willows courthouse, Glenn County Superior Court Judge Donald Byrd stated there had been negotiations between the district attorney and Acevedo”s appointed attorney.

Those talks led to a new charge of felony attempted voluntary manslaughter and two special allegations for use of a gun and inflicting great bodily injury.

Acevedo had previously pleaded not guilty of attempted murder in the shooting May 8 of Gonzalo Sanchez Hernandez, an employee who lived on Acevedo”s property. At a recent hearing, Acevedo”s attorney, David R. Nelson, had said he expected his client to testify the shooting was in self-defense.

At a preliminary hearing last June, a witness testified Acevedo and Hernandez had quarreled during dinner over money owed the employee. Acevedo later approached the trailer Hernandez and the witness had retired to, shouting and threatening to shoot Hernandez.

Hernandez and Acevedo then argued and shots were fired. Hernandez was shot twice, in the head and neck, and critically wounded. He is now blind, requires assistance and suffers mental difficulties.

A sheriff”s deputy also testified at the preliminary hearing that during questioning after the incident, Acevedo admitted shooting Hernandez.

During Monday”s hearing, Byrd called the offense “a serious, violent felony” and asked Acevedo if he understood the new charges and the waiver of several rights.

Through an interpreter, the slightly built defendant answered Byrd”s questions affirmatively and agreed to waive his right to a jury trial, to be cross examined and to appeal, among others.

Acevedo also said he understood that if he is not a United States citizen he will be deported because of the offense. He will also not be allowed to ever possess or own a firearm.

Although he has been mostly silent during previous court proceedings, Acevedo took a brief opportunity to speak when Byrd asked if he admitted or denied he “willfully and unlawfully attempted to Kill Hernandez.”

Acevedo answered, “Yes, because its the stupidest thing in the world (to do).”

“In a sudden quarrel or heat of passion,” added Nelson.

Acevedo also admitted the gun charge and that during the course of the felony he inflicted serious injury to Hernandez.

After the hearing, Nelson explained the special allegations. He said the one allegation was for of using a gun, and was made under the “use a gun, go to prison” law. He stated the other charge was cited in the state penal code for inflicting injury during an argument and “the heat of passion.”

Noting the plea bargain came at the outset of Acevedo”s trial, Nelson said his client had been waiting for an offer that wouldn”t have him spending the rest of his life in prison.

“He is very, very sorry for what he has done. He has expressed it to me a number of times,” Nelson said. “He is very sorry.”

The attempted murder charge was dismissed.

Holzapfel said by phone later Monday that he thought it was a “good disposition” and that Acevedo will spend about 85 percent of the sentence, at least 15 years, in prison.

“That”s a long time,” Holzapfel said. He added, “I think justice has been done in this case.”

Acevedo will be formally sentenced at 10 a.m. Jan. 18 at the Willows courthouse.

Staff writer Barbara Arrigoni can be reached at 896-7757 or barrigoni@chicoer.com.

BACKGROUND: Orland resident Filemon Lamas Acevedo was due to go trial Monday on a charge of attempted murder in connection with a shooting May 8 in Orland.

WHAT”S NEW: Acevedo accepted a plea offer reducing the charge to felony attempted voluntary manslaughter and two special allegations. He faces a maximum sentence of 18 years in prison.